Children and Young Persons Bill [HL]

It is true that the effectiveness of Clause 9 in improving educational stability depends on the interpretation of the word ““near””. However, the meaning of ““near”” will properly vary with the particular circumstances of the child, including his age and any special educational needs or disability that might affect his ability to travel. We do not think it appropriate rigidly to define ““near”” in the Bill. The importance of preserving stability at school needs to be balanced against that of giving local authorities sufficient flexibility in the choice of the location of the care placement to ensure that it is a good one that can meet the child’s care needs. A local authority may find that the placement that best meets a child’s wider needs and enables the child to remain at his existing school is not within walking distance of the school. The noble Baroness’s amendment would prevent the local authority from making such a placement, even where it would otherwise be within reasonable travelling distance, and we do not believe that that would be in the best interests of the child. The word ““near”” is not defined in the Bill, but that is deliberate; we expect local authorities to interpret it reasonably, taking account of all the factors in the case.